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NY 894643





March 11, 1994

CLA-2-61:S:N5:354 894643

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.0030; 6109.90.1037

Ms. Bernadette Placido
CSI Industries Inc.
450 Winks Lane
Bensalem, PA 19020

RE: The tariff classification of girls' knit undergarments from Hong Kong.

Dear Ms. Placido:

In your letter dated January 26, 1994, you requested a classification ruling. You had previously requested a binding ruling (NY 890049, dated September 30, 1993), for the identical garments constructed of 65% polyester and 35% cotton knit fabric. You now indicate that the fabric construction was incorrect and the garments will be only imported in 100% cotton knit fabric.

Style #028-802394, consists of a girls' 100% cotton knit cropped underwear top featuring an elasticized bottom edge, neckline and armholes. The matching panty has an elasticized waist and leg openings and a two ply crotch. The retail set will be sized S-M-L.

The applicable subheading for the panty will be 6108.22.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, . . . knitted or crocheted. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for the cropped top will be 6109.10.1037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

Both style fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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